Drug Driving Lawyer
Cairns & Far North Queensland
You were pulled over and tested positive for a drug in your system. You may not have felt impaired. You may have used the substance days ago. It does not matter — Queensland operates a zero-tolerance system for drug driving, and any detectable level is enough to charge you. What happens between now and your court date determines the length of your licence disqualification, the size of the fine, and whether a conviction goes on your record. For first offenders, a conviction-free outcome is a realistic possibility — but it requires proper preparation.
Zero Tolerance — No Safe Level
Queensland's drug driving laws operate on a zero-tolerance basis. There is no permitted level. Any detectable presence of a relevant drug in your blood or saliva is enough to charge you — the police do not need to prove you were impaired, and it does not matter whether you felt affected at the time. Roadside saliva testing detects four drug categories: methylamphetamine (including ice and speed), MDMA, THC (the active ingredient in cannabis), and cocaine. If a police officer reasonably suspects your driving was affected by any drug — including drugs not covered by the saliva test — they can also require a blood specimen. One consequence that surprises many people: it is an offence to drive with THC in your system even if you hold a valid prescription for medicinal cannabis. Queensland law makes no distinction between prescribed and unprescribed THC. If THC is present in your blood or saliva, the offence is made out. There is no prescribed-use defence available in Queensland. THC can remain detectable in saliva for 24 to 72 hours after use, and significantly longer in blood. For regular users, the detection window extends further. This means a person who used cannabis days before driving can still test positive. The law does not require the prosecution to prove that the drug was used on the day of driving — only that it was present at the time of the test.
The Two Drug Driving Offences — The Distinction Matters
There are two separate drug driving offences under the Transport Operations (Road Use Management) Act 1995 (Qld), and the difference between them is significant — it determines your penalty range, your work licence eligibility, and whether your licence is suspended immediately. Driving with a relevant drug present — s 79(2AA) This is the more common charge. It is a strict liability offence — detection of the drug in your system is enough, regardless of impairment. No evidence of bad driving is required. First offence: maximum fine approximately $2,418 (14 penalty units) or up to 3 months' imprisonment. Mandatory disqualification of 1 to 9 months. Second offence (within 5 years): maximum approximately $3,454 (20 penalty units) or up to 6 months' imprisonment. Minimum disqualification 3 months. Third or subsequent offence (within 5 years): maximum approximately $4,836 (28 penalty units) or up to 9 months' imprisonment. Minimum disqualification 6 months. Where there are multiple offences committed at different times, disqualification periods run consecutively under s 90B — each period begins after the previous one ends. Work licence applications are available for this charge category — see below. Driving under the influence of a drug — s 79(1) This is the more serious offence. It is charged where there is evidence of actual impairment — the way you were driving, your behaviour at the roadside, or a blood sample showing a significant drug level. Refusal to provide a saliva specimen also carries consequences equivalent to this charge. First offence: maximum approximately $4,836 (28 penalty units) or up to 9 months' imprisonment. Minimum disqualification 6 months. Your licence is suspended immediately from the time of charge. Second offence (within 5 years): maximum approximately $10,362 (60 penalty units) or up to 18 months' imprisonment. Minimum disqualification 1 year. Third or subsequent offence (within 5 years): maximum approximately $10,362 (60 penalty units) or up to 18 months' imprisonment — the court must impose actual imprisonment. Minimum disqualification 2 years. A work licence is not available for this charge. The disqualification runs in full.
Can I Keep Driving? Work Licences for Drug Driving
A work licence is a restricted driving authority granted by the Magistrates Court under the Transport Operations (Road Use Management) Act 1995 (Qld). It allows you to drive for work purposes during your disqualification period. It does not restore your full licence — it authorises driving to and from work, and during work, while the disqualification is in effect. You may be eligible if: You are charged with driving with a relevant drug present (s 79(2AA)) — the less serious offence You held a current Queensland open licence at the time of the offence (not learner, provisional, or probationary) You were not driving for work or under a work licence at the time of the offence You have not had a traffic conviction, licence suspension, or cancellation in the past 5 years You genuinely need your licence to earn a living You are not eligible if: You are charged with driving under the influence of a drug (s 79(1)) — a work licence is barred for this charge You hold a learner, provisional, or probationary licence You have had a relevant traffic matter in the past 5 years The work licence application is made at the same hearing as your plea — it cannot be applied for later. If granted, it takes effect immediately — you leave court with authority to drive to work. Work licence applications fail most often because the supporting material is inadequate — not because the applicant was ineligible. Sacha prepares every application as if it will be contested: a properly drafted affidavit, employer evidence that addresses what the court needs to see, and submissions that go directly to the statutory criteria. Eligibility is assessed at the first consultation. If you do not qualify, Sacha will tell you immediately.
Drug Driving vs Drink Driving — Key Differences
Drug driving and drink driving are charged under the same Act but the practical consequences differ in several important ways: No interlock program for drug driving. The alcohol ignition interlock program does not apply to drug-only convictions. After your disqualification period, you apply to have your licence restored — there is no mandatory interlock device. No graduated levels. Drink driving has BAC ranges (low, mid, high). Drug driving is binary — the drug is either present or it is not. There is no "low range" drug driving. Combined drink and drug driving. If you test positive for both alcohol and a drug at a roadside test, the police may charge the drink driving offence at the relevant BAC level alongside the drug driving offence. In practice, this is uncommon — police will typically proceed with the more serious charge. If you are facing both, Sacha will advise on how the charges interact. Licence suspension timing. For the relevant drug present offence (s 79(2AA)), your licence is generally not suspended until the court deals with the matter — you can continue driving in the meantime, provided you have no other pending drug driving charges. For driving under the influence (s 79(1)), your licence is suspended immediately from the time of charge. Despite these differences, the sentencing preparation is the same: written submissions, personal circumstances, employment impact, steps taken since the charge, and presentation to the Magistrate. The work is where the outcome is shaped.
Frequently Asked Questions
Do I need to be impaired to be charged?
No. For the relevant drug present offence under s 79(2AA), the prosecution only needs to establish that a drug was in your system. There is no requirement to prove your driving was affected. The test is purely whether the drug was detectable.
I have a prescription for medicinal cannabis — can I still be charged?
Yes. Queensland makes no exception for prescribed THC. If THC is present in your blood or saliva, the offence is made out regardless of whether the cannabis was legally prescribed. There is no prescribed-use defence available in Queensland. This is one of the most common questions Sacha receives.
Can I keep driving while the matter is before the court?
For the relevant drug present charge (s 79(2AA)) with no other pending drug driving charges, your licence generally remains valid until the matter is finalised. For driving under the influence (s 79(1)), your licence is suspended from the time of charge. If you are unsure about your status, call before you drive.
Can I get a work licence for drug driving?
It depends on the charge. If you are charged with the relevant drug present offence (s 79(2AA)) and you hold a current open licence with a clean 5-year traffic history, a work licence application is available. If you are charged with driving under the influence (s 79(1)), a work licence is barred. Sacha will confirm your eligibility at the first consultation.
Will I need an interlock device?
No. The alcohol ignition interlock program does not apply to drug-only driving convictions. After your disqualification period ends, you apply to have your licence restored without an interlock requirement. If you are convicted of both drink driving and drug driving, the interlock may apply to the drink driving component.
Will a drug driving conviction affect my criminal record?
A conviction under s 79 appears on your traffic history. For first-time offenders with strong mitigating circumstances, the court retains discretion not to record a conviction. Whether that outcome is realistic depends on your charge, your history, and the quality of the submissions. Sacha will advise honestly.
How long does a drug driving matter take?
Most drug driving pleas in Cairns are resolved at a single sentencing hearing. From charge to finalisation, most matters take between four and eight weeks.
What if I used the drug days ago?
Irrelevant to the charge. THC can remain detectable in saliva for 24 to 72 hours and longer in blood. Methamphetamine typically clears saliva within 48 hours but stays in blood longer. The prosecution only needs to prove the drug was present at the time of the test — not when it was consumed. This is the law as it stands, and Sacha will advise on how to present your circumstances within that framework.